[DOWNLOAD] "People V. Beyea" by First Appellate District, Division Two Court of Appeal of California " eBook PDF Kindle ePub Free

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eBook details

• Title: People V. Beyea
• Author : First Appellate District, Division Two Court of Appeal of California
• Release Date : January 28, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Codefendants appeal from judgments*fn1 entered on jury verdicts finding them guilty of second degree murder (Pen. Code, § 187). Both urge reversal or, in the alternative, reduction of the sentences to manslaughter, on the grounds that: 1) the evidence was insufficient to sustain the verdict and conviction; 2) the trial judge abused his discretion in allowing reference to their membership in the Hell's Angels; 3) the admission of the testimony of two witnesses from the preliminary hearing was improper as the prosecution failed to exercise due diligence to ensure their appearance at trial; 4) they were deprived of their right to confrontation as the prosecution was permitted to impeach the testimony of its own preliminary hearing witnesses with prior hearsay statements; and 5) there were instances of prejudicial prosecutional misconduct. Gilbert individually argues that: 1) the prosecution was guilty of several acts of misconduct; 2) misstated the law of accomplices in its argument; and 3) the trial court erred to his prejudice as it failed to rule that Hunter was an accomplice as a matter of law. Beyea individually contends that the court below: 1) failed to give sua sponte the refused cautionary instruction on oral admissions by defendants; 2) wrongfully instructed the jury on murder by torture; 3) erroneously denied a motion for a new trial on the basis of newly discovered material evidence; and 4) allowed to a prosecution eyewitness a discriminatory grant of immunity subsequently denied to a potential defense eyewitness. For the reasons stated below, we have concluded that both convictions should be affirmed.

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